56: Injunction when refused

An injunction cannot be granted (a) to stay a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings; (b) to stay proceedings in a Court not subordinate to that from which the injunction is sought; (c) to restraint persons from applying to any legislative body; (d) to interfere with the public duties of any department of [the [Federal Government], * * * or any Provincial Government], or with the sovereign acts of a Foreign Government; (e) to stay proceedings in any criminal matter; (f) to prevent the breach of a contract the performance of which would not be specifically enforced; (g) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance; (h) to prevent a continuing breach in which the applicant has acquiesced; (i) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust; (j) when the conduct of the applicant or his agents has been such as to disentitle him to the assistance of the Court; (k) where the applicant has no personal interest in the matter. Illustrations (a) A seeks an injunction to restrain his partner, B, from receiving the partnership debts and effects. It appears that A had improperly possessed himself of the books of the firm and refused B access to them. The Court will refuse the injunction. (b) A manufactures and sells crucibles, designating them as “patent plum bago crucibles,” though, in fact, they have never been patented. B pirates the designation. A cannot obtain an injunction to restrain the piracy. (c) A sells an article called “Mexican Balm,” stating that it is compounded of divers rare essences, and has sovereign medicinal qualities. B commences to sell a similar article to which he gives a name and description such as to lead people into the belief that they are buying A’s Mexican Balm. A sues B for an injunction to restrain the sale. B shows that A’s Mexican Balm consists of nothing but scented hog’s lard. A’s use of his description is not an honest one and he cannot obtain an injunction.

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